2014/12/24 Council Agenda Packet

• • 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the party against whom such modification is sought to be enforced. 17. Dispute Resolution. In the event differences between the parties should arise over the terms and conditions or the performance of this Agreement,the parties shall use their best efforts to resolve those differences on an informal basis. If those differences cannot be resolved informally, the matter shall be referred for mediation to a mediator mutually selected by the parties. If mediation is not successful, either of the parties may institute legal action for specific performance of this Agreement or for damages. The prevailing party in any legal action shall be entitled to'a reasonable attorneys' fee and court costs. 18. Data Collection. A. The County and City agree to the mutual exchange of historical, current and future traffic data as it exists or becomes available through traffic programs and/or projects. B. For the convenience of the County, City, and the general public, the County may post some or all of the traffic data provided by the City on the County website along with the standard disclaimer. C. Any request for traffic data other than historical, scheduled collections or traffic control device related information (unless otherwise agreed upon) shall be processed through a Work Order, under Section 5 of this Agreement. The appropriate fees will be charged to the requestor requiring the special collection effort. 19. Choice of Law and Venue. The laws of the state of Washington shall apply to the construction and enforcement of this Agreement. Any action at law, suit in equity, or judicial proceedings to enforce this Agreement or any provision included in this Agreement shall be in the Superior Court of Snohomish County, Everett, Washington. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. INTERLOCAL AGREEMENT Page 11 of 14 BETWEEN SNOHOMISH COUNTY AND THE CITY OF EVERETT FOR TRAFFIC CONTROL DEVICE AND STREET LIGHT MAINTENANCE, ENGINEERING AND CONSTRUCTION SERVICES 13 6